Submitted 07/28/07 01:13 AM
Q. Can real estate agents keep on entering a house and show it to other people when a sale is pending? I was told from my agent that no one could enter the house after the "sale pending" was posted, but my agent and I found two people(one was an agent) in the house today and was very surprised by it.. We are moving our personal belongings inside under permission by the owner and I would like to stop these people from coming in. Escrow will close in a week. Thanks.
Submitted 07/28/07 01:56 AM
Ask your Agent the status of the listing in the MLS. If it's still active, or marked Back up/Contingent, some Agents will show it for various reasons: establish value, show what to expect in the same tract, etc. If, however, you have a solid deal, contingencies removed and are just waiting for the loan to fund, there really shouldn't be any additional showings.
Submitted 07/28/07 12:36 PM
As John notes above check the instructions on the MLS, but you can also remove the lock box so no one can enter.
Back up states on the MLS means you are open to taking back up offers but both parties have to agree to this or the mls should not pending sale and really shouldn't have to many agents looking at it unless they have approval. Sometimes an agent may request to see if they have a similar listing coming on the market but they should certainly have permission.
Congrats on the close!
Submitted 07/28/07 12:43 PM
You should have your agent change the showing instructions. In my MLS the most typical showing instructions are Call/Show/Keybox. What this means is that there is a keybox on the house and all that an agent needs to do is call the homeowner and leave them a message that they will be showing the house. If the instructions haven't changed after the listing has a sale pending then agents may assume that the seller still wants the home shown in order to generate back up offers. I would make sure that the agent changes the showing instructions and/or removes the keybox.
Submitted 07/28/07 05:01 PM
Tell your agent to be sure the lockbox is taken off immediately and tell the listing agent's broker you are holding them responsible for your belongings that you have moved in with the owner's permission. If your agent is not the listing agent he/she may not be able to remove the lockbox, but your agent should insist that this be done.
Submitted 07/28/07 05:10 PM
I'm sorry, I misread the question and thought that you were the seller.
Since the seller is allowing you to move your possessions into the house you should insist that the lockbox be removed. Do you have a written agreement as to who is responsible for any damage to your property?
Submitted 07/28/07 05:24 PM
No, we don't have a written agreement for my belongings but I do have a written permission to put some things in the house.
My agent is not the listing agent, she told me she would ask to remove the lock box but she said it is not standard procedure and if they do it is just because they are making me a favor.. She underlined the fact that escrow closes next week, as if I had no voice in asking such a thing.. Funds have been in the escrow account for more than a week and contingencies were removed too.. We are just waiting the escrow closing date.. I think it's normal to be asking that no more people would enter the house, especially now that we put some of our things in it..
Thanks for all your answers!
Submitted 07/28/07 06:18 PM
Technically, the listing agent is required to market (and show) the property until closing. It is in the Seller's best interest, although it does seem odd that any agent would waste their time showing a home that is closing escrow in a week. However, you, as the buyer, can not ask for showings to no longer occur or for the lock box to be removed. You don't own the house yet, and it was your choice to move your belongings into the home without the proper insurance, etc that is normally needed.
I can't tell you how many deals that have not closed the day before closing, or even the day of closing for a myriad of different reasons. Again, until you own the home 100% you really have little, if any say, on how the listing agent and Seller chooses to market the property.
Submitted 07/28/07 11:59 PM
The owner can tell his agent to remove the sign, take down the lock box and discontinue showing the house and to not allow anyone else entry. And the owner can tell the agent to bring him all keys and to stay out of his life until the day of closing.
This haughty stuff of what an agent is supposed to or not supposed to do is hog wash. An agent is supposed to follow the written instructions of his client. Period. Nothing more and nothing less.
I would give anything if real estate people would quit quoting their interpretations of laws, regulations, company policies, and all of the other useless junk, and just use the best judgment they can to fully represent their client's best interest. It would be a remarkable improvement to our "service industry."
And while I'm at it, you should have renter's insurance on your personal property that is stored in that house until you close and until it is covered under your homeowner's policy. Check with your agent. If there is a loss now, you won't be covered under the owner's policy.